Judge Denies the City of Phoenix’s Motion to Dismiss Residents’ Lawsuit Over Homeless Encampment ‘The Zone’

A lawsuit filed last August challenging “the largest homeless encampment in Arizona” is going ahead after a judge denied the City of Phoenix’s motion to dismiss. Residents who live near “the Zone,” which has grown to over 1,500 people, allege that the city has failed or refused to enforce criminal, health, or quality of life statutes to improve the Zone.

Maricopa County Superior Court Judge Stephen Tully said in his January 16 ruling that dismissal wasn’t warranted because the city didn’t meet the standard where “as a matter of law plaintiffs would not be entitled to relief under any interpretation of the facts susceptible of proof.” He found that the plaintiffs properly pleaded their case and supported a private cause of action for public nuisance.

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